Disciplinary Procedure

In respect of employees of BCA, it should be noted that where the disciplinary matter relates to an employee's work or where the BCA may be brought into disrepute by the actions of the employee, then the matter will be handled in accordance with current employment legislation and their contract of employment, rather than this procedure.

• No disciplinary action will be taken until the matter in question has been investigated.
• At every stage individuals will have the opportunity to state their case, either themselves or through a representative.
• There is always a right to appeal against any disciplinary penalty and this appeal will be held by a panel that is independent of the original decision makers.

Once it has become clear that an Award Holder (currently LCMLA, CIC or Anchor Installer) may have acted against BCA's interests, one or more of BCA Executive will be informed. Executive will then consult with the appropriate Officer (currently Training or Equipment & Techniques) to ascertain whether or not the matter may be related to the Award they hold. If the Officer is unavailable within an appropriate timescale, then Executive should consult with another experienced member of the Committee for judgement.

If the matter IS deemed to relate to the Award held, then this Policy should be followed. If not, then the individual will be treated according to the non-Award holder Policy.

BCA Executive will now appoint someone, usually the appropriate Officer, to investigate the circumstances and determine whether or not the matter should be treated as a formal disciplinary matter.

Any formal disciplinary matter will be heard by a Disciplinary Panel. This Panel will usually be either the appropriate Standing Committee or National Council, depending on the nature of the matter. However, if the matter is sufficiently urgent, it will be dealt with by BCA Executive following their normal Method of Working. From the outset Executive will appoint a Chair of the Appeals Panel who must ensure they are not involved in any way in the Disciplinary Panel.

When the arrangements for the Disciplinary Panel have been finalised, the individual will be written to at their last known address advising them of the complaint made against them, the time, date and location of the Disciplinary Panel, and inviting them to state their case, either in writing, in person or both. They will also be given the option of appointing someone else to represent them. A period of 30 days shall usually be given between this and the formal hearing, although in some cases, particularly those relating to safety, this may be reduced.

Following the Disciplinary Panel, the individual will be written to again, usually within 14 days of the hearing, outlining the outcome of the process and giving the opportunity for appeal.

An appeal will be dealt with by an Appeals Panel. This will be convened by the Chair of the Appeals Panel and will normally consist of people chosen by the Chair from nominations made by the Regional Councils and Constituent Bodies. None shall have been involved in the original Disciplinary Panel.

The Chair will seek to arrange a mutually convenient date and location for the Appeal, and then write to the individual formally advising them of the appeal and inviting them to state their case, either in writing, in person or both. They will also be given the option of appointing someone else to represent them. Until the Appeal the original disciplinary action will stand.

Following the appeal, the individual will be written to again outlining the outcome of the process. This will usually be within 14 days of the hearing.

Every disciplinary case should be considered individually. After determining the seriousness of the conduct, the Disciplinary Panel should consider any aggravating or mitigating factors before deciding on the appropriate sanction. Available sanctions include:

1. words of advice
2. a verbal warning
3. a written warning
4. suspension of membership and/or certificates or awards for a fixed period
5. expulsion from BCA and/or removal of certificates or awards.

1. In the case of suspension of membership, this may also include the temporary removal of membership benefits, such as insurance.
2. When a decision involves removing or suspending an individual's leadership or instructing award, it is important to understand that this will probably have a serious impact on their professional well-being, quite likely including an immediate loss of income. This should be borne in mind as part of the decision-making process, but needs to be balanced against the need to maintain confidence in BCA's award schemes.

• No disciplinary action will be taken until the matter in question has been investigated.
• At every stage individuals, groups or associate members will have the opportunity to state their case, either themselves or through a representative.
• There is always a right to appeal against any disciplinary penalty and this appeal will be held by a panel that is independent of the original decision makers.

Once it has become clear that an individual or group may have acted against BCA's interests, the following process should generally be followed:

One or more of BCA Executive will be informed who will initially check to ensure they are not a BCA Award Holder, in which case they are treated according to the Award-Holder Policy. BCA Executive will then appoint someone to investigate the circumstances and determine whether or not the matter should be treated as a formal disciplinary matter.

Any formal disciplinary matter will be heard by a Disciplinary Panel. This Panel will usually be either the appropriate Standing Committee or National Council depending on the nature of the matter. However, if the matter is sufficiently urgent, it will be dealt with by BCA Executive following their normal Method of Working.

From the outset Executive will appoint a Chair of the Appeals Panel who must ensure they are not involved in any way in the Disciplinary Panel.

When the arrangements for the Disciplinary Panel have been finalised, the individual, group or associate member will be written to at their last known address advising them of the complaint made against them, the time, date and location of the Disciplinary Panel, and inviting them to state their case, either in writing, in person or both. They will also be given the option of appointing someone else to represent them. A period of 30 days shall usually be given between this and the formal hearing, although in some cases, particularly those relating to safety, this may be reduced.

Following the Disciplinary Panel, the individual, group or associate member will be written to again, usually within 14 days of the hearing, outlining the outcome of the process and giving the opportunity for appeal.

An appeal will be dealt with by an Appeals Panel. This will be convened by the Chair of the Appeals Panel and will normally consist of people chosen by the Chair from nominations made by the Regional Councils and Constituent Bodies. None shall have been involved in the original Disciplinary Panel.

The Chair will seek to arrange a mutually convenient date and location for the Appeal, and then write to the individual, group or associate member formally advising them of the appeal and inviting them to state their case, either in writing, in person or both. They will also be given the option of appointing someone else to represent them. Until the Appeal the original disciplinary action will stand.

Following the appeal, the individual, group or associate will be written to again outlining the outcome of the process. This will usually be within 14 days of the hearing.

Every disciplinary case should be considered individually. After determining the seriousness of the conduct, the Disciplinary Panel should consider any aggravating or mitigating factors before deciding on the appropriate sanction. Available sanctions include:

• words of advice
• a verbal warning
• a written warning
• suspension of membership and/or certificates or awards for a fixed period
• expulsion from BCA and/or removal of certificates or awards.

1. In the case of suspension of membership, this may also include the temporary removal of membership benefits, such as insurance.
2. In the case of a club being suspended or expelled, any Club Individual Members from that club will be written to and offered either: a pro-rata refund; the option of transferring their membership to a DIM (on payment of the appropriate fee); or the chance to switch their main club affiliation to another member club they are a member of. In the event of a successful appeal BCA will subsequently refund any additional membership fees paid by an individual as a result of the above.

Formally adopted at 2012 AGM. Last review: 11/06/12